70 P. 852 | Utah | 1902
Lead Opinion
This suit was brought to recover damages for personal injuries claimed to have been sustained by the plaintiff through the negligence of the defendant. It was, among other things, alleged in the complaint that, while the plaintiff was a passenger on one of the defendant’s street cars, the car was prematurely, violently, and negligently started, and that, as a result thereof, the plaintiff was violently thrown against the door and seat of the car, and permanently injured. In the answer these allegations were denied. At the trial a verdict was returned in favor of the plaintiff for $750, and judgment entered)accordingly. This
The appellant insists that the information acquired by the physician, under the circumstances, was not privileged, and that the action of the court in the premises was
Tbe judgment is affirmed, with costs.
Concurrence Opinion
I concur in the result, but I cannot concur in so much of tbe opinion expressing tbe doctrine that any physical examination made upon a person by a physician or surgeon raises a presumption that the relation of physician- and- patient exists, or that such examination creates any presumption-that tbe information acquired is for